Whenever an owner of property abutting a waterway within the village
commences construction on or development of such property with any building,
structure or improvement thereon located within 50 feet of the high-water
mark of the waterway abutting such property, a bulkhead shall be constructed
in accordance with the provisions, rules and regulations of this chapter.
The bulkhead shall be made level and set to a grade based upon a gradient
of 2% below the legal elevation of the crown of the nearest existing or proposed
street, road or highway.
The minimum elevation of the top of the bulkhead shall never be less
than plus 5.00 feet Nassau County Datum (plus 2.11 feet Cedarhurst Datum).
Where backfill is placed adjacent to adjoining property, the same shall
be made level or a return constructed to adequately support the embankment.
The return shall be extended to two feet beyond the point where the adjacent
properties are level.
Bulkheads shall be designed by a licensed professional engineer or registered
architect for the loads that may be placed upon the bulkhead. The minimum
allowable loads are 100 pounds per square foot surcharge in general; 300 pounds
per square foot surcharge where bulkheads are within 20 feet of the edge of
a roadway; 30 pounds per square foot side pressure by earth; and 80 pounds
per square foot side pressure for earth in water.
Maximum allowable timber stresses permitted shall be one 1,200 pounds
per square inch in bending; 100 pounds per square inch in shear; 325 pounds
per square inch in hearing. Maximum tension in the tie-rods and bolts shall
be 24,000 pounds per square inch. Ties are to be upset to give full area.
Buried anchors shall be designed for a minimum safety factor of 1.5 times
the tie-rod loading and shall be at such depth as to prevent sliding of the
bulkhead. All other design factors shall be in conformity with standard practice.
In addition to the foregoing, in no event shall the construction be
less than the following minimum specifications:
A. Piles. All piles shall be yellow pine 10", 6" -3'-
creosoted under 12 pounds of pressure. Spacing shall be set at a maximum of
nine feet on center. Penetration of pile shall be at a minimum of 1/3 its
length in good material. Piles shall be sound, straight and true and free
from any defects that may impair their strength or durability. Piles shall
be blazed at wale locations.
B. Wales. Wales shall be yellow pine, creosoted under 12
pounds of pressure, structural grade f1200 pounds per square inch, minimum
six inches by eight inches, fastened securely to piles with a three-fourths-inch
diameter bolt nut and O. G. washers. All splices shall be on piles only. Wales
shall be set with eight inches depth on vertical. Spacing of wales shall be
at a maximum of five feet on center.
C. Sheathing. Sheathing shall be three-inch T & G yellow
pine creosoted under 12 pounds of pressure. Penetration shall be at four-foot
minimum in good materials. All sheathing shall be set straight, tight and
secure and spiked to each wale with two spikes.
D. Piles to be tie-backed. All piles shall be tie-backed,
at a minimum distance of 12 feet to the rear of the sheathing. Dead man shall
be connected with tie-rods, through center and located 16 inches from the
top of the pile. All required nuts, bolts and O. G. washers shall be provided.
E. Hardware. All hardware shall be hot-dipped galvanized
material.
F. Conformity to regulations. All work regarding bulkhead
construction and any of its affiliated appurtenances, when incorporated in
subdivision maps in the village, shall conform to all of the conditions and
requirements as established herein.
G. Conformity to practices. All work shall conform to the
best practices for the trade involved. All field cuts, including drill holes
on timber and timber piles shall be hand-treated with preservative materials.
Pile tops, after being set and cut, shall be treated with two coats of heavy
preservative material. All timber materials shall be treated in accordance
with preservative and methods approved by the American Wood Preservers'
Association. All materials shall be creosoted under 12 pounds of pressure.
A certificate of completion shall be obtained at the conclusion of the
work. Prior to the issuance of the certificate of completion, an affidavit
shall be submitted by a registered architect or professional engineer certifying
that the construction has complied with the approved plans and specifications.
In addition to the remedies herein provided, the Mayor and Board of
Trustees or the Building Official acting in the name of the village or any
person aggrieved acting in his or her own name shall have the right and power
to enforce the provisions of this chapter by injunction or otherwise as provided
by law.
Any owner, lessee, general agent, builder, contractor, subcontractor, workman, employee or any other person who knowingly commits, takes part in or assists in any violation of this chapter by proceeding with any work whatsoever in the construction and erection of said bulkhead without compliance with this chapter and obtaining the necessary permit therefor or by failing to comply with the specifications set forth in §§
95-28 and
95-29A and §§
105-2 through
105-7 above set forth and obtaining the necessary approvals by the required village authorities shall forfeit and pay a penalty set in accordance with Chapter
1, Article
III, General Penalty, for each and every day that said structure or timber bulkhead continues to be maintained and erected in violation of the foregoing.